A Ventura couple whose home was damaged in the Thomas Fire sued their insurance company this month over a term in their policy that caps repair costs.

Sean Hellman and Anna Christina Marquez filed the complaint against Farmers Insurance Group and its parent company, Mid-Century Insurance Co., on Aug. 3 in Ventura County Superior Court. They own a home on Colina Vista in the foothills of Ventura near Arroyo Verde Park.

Unlike other homes in the neighborhood, theirs remained standing after flames tore through the area. But the residence’s stucco walls and chimney were blistered by the blaze, which left toxic soot, smoke and ash that the couple said they worried would harm their two children, one of whom has chronic and severe asthma.

Over a “frustrating” few months, Hellman said he worked with Farmers Insurance to file claims under the policy he’s had with the company since about 2006. Ultimately, the company denied the claim about the damaged stucco and applied its $5,000 sublimit for wildfire smoke, soot, char, ash and odor damage, according to the complaint.

And the $2,672.14 the company offered for remediation was not adequate, the complaint states.

The litigation challenges the legality of the sublimit and states it is unenforceable because it doesn’t match up to the coverage provisions established by the California Insurance Code. The suit also alleged the defendants breached their contract with the Ventura homeowners and acted in bad faith.

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Firefighters battle flames on Highway 150 between Carpinteria and Ojai on Monday. The Thomas Fire continues to burn and is now the fifth largest in California history. Tom Tingle, The Arizona Republic-USA TODAY NETWORK

Firefighters battle flames on Highway 150 between Carpinteria and Ojai on Monday. The Thomas Fire continues to burn and is now the fifth largest in California history. Tom Tingle, The Arizona Republic-USA TODAY NETWORK

Bill Hahn, owner of the Rose Story Farm, stands his ground at his 15-acre property, hoping that firefighters can save his property in Carpinteria on Monday. Tom Tingle, The Arizona Republic-USA TODAY NETWORK

Hayward Battalion Chief Nathaniel Armstrong, second from left, had to cancel birthday plans in Mexico to fight the Thomas Fire. His wife arranged a surprise party for him with his strike team in Oxnard Monday. GRETCHEN WENNER/THE STAR

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Kabateck said sublimits related to smoke and ash are a “complete invention” by the insurance industry to get around a California statute stating these companies must cover fires. Kabateck called it a way to nickel-and-dime individuals, but said it’s not something every insurance company does.

While Kabateck acknowledges his clients are fortunate enough to still have their home, he said it is unfair that they are being treated as if their home were a mile away from the fire line rather than right on it.

“That, to me, is just wrong,” Kabateck said.

The blaze that destroyed more than 1,000 structures and damaged nearly 300 more started about 6:30 p.m. Dec. 4 with firefighters responding north of Steckel Park near Santa Paula. Dubbed the Thomas Fire, the flames exploded in size under Santa Ana winds and hauled like a freight train toward Ventura.

It grew to more than 282,000 acres in Ventura and Santa Barbara counties, taking the life of a Cal Fire engineer and a Santa Paula woman.

Hellman and his family evacuated the Colina Vista home late Dec. 4, and he returned the next day to survey the damage. He also phoned his insurance company.

In addition to the burned walls and ash, Hellman found the landscaping and irrigation system had been charred.

A series of adjusters and other representatives either came to Hellman’s house or spoke with him on the phone as he tried to clean up and repair the fire damage, according to the complaint. He said at each turn, he hit a series of obstacles.

One of them involves a Farmers representative contacting Hellman on Dec. 28 to say the $5,000 sublimit would only be applied if the house did not have fire or heat damage.

Hellman told the representative that in a previous inspection with an adjuster, photographs of the damage were taken. The company, however, could not find those photos, according to the complaint.

Then another adjuster came out to assess the damage, which was determined to be from “wear and tear.” The determination came after Hellman sought an independent opinion about the damage from the vendor who sold him a specialty coating for the stucco walls.

The vendor said it was clearly fire damage and not normal wear and tear. A letter stating the vendor’s findings had also been sent to the insurance company, the complaint states.

Hellman said he decided to have the coating put on the walls in the first place because it sustains high temperatures. He knew the home was in a fire-prone area. That’s why in the two and a half years he spent building and designing the house, he made special adjustments to help ensure it was better protected from fire.

It was also why he was OK paying more for his insurance, he said.

The civil case is scheduled to be back in court Dec. 28, records show.